Summary: We will not investigate this complaint about the Council charging Mrs X’s father for his care. Mrs X says they were told her father’s reablement care would be free. This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains they were told her father’s reablement care would be free and that the Council never discussed any fees. She says the Council has now charged her father for his care.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start oan investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X was provided with information about funding arrangements while her father was in the hospital. The records showed the hospital staff told Mrs X that her father would not need to pay for reablement care received until a care act assessment is completed in the community.
6. In April 2023, the Council sent Mrs X a letter and its charging booklet. This letter detailed a telephone assessment had been completed with Mrs X. The charging booklet also explained how a person’s financial contribution towards their care was calculated. The booklet also set out information that a financial assessment would be completed to work out how much someone must pay for their care and support.
7. While this letter did not explicitly state Mrs X’s father would now be charged for his care, I am satisfied the Council had provided sufficient information for Mrs X to understand her father would be charged. This is because Mrs X was aware her father would not pay for reablement care until a care act assessment had been completed and it is clear the assessment was completed with Mrs X in April 2023.
8. Further, the Council would not have been able to discuss any fees with Mrs X until the financial assessment was completed. This is because until this assessment was completed, the Council would not have known how much Mrs X’s father would be charged.
9. Therefore, an investigation is not justified as we are not likely to find fault with the Council.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman